Maternity and pay progression

• My employer awards incremental pay progression, dependent on a satisfactory annual appraisal. I’m shortly starting maternity leave and will be on leave when the appraisals happen. Will I have to wait until after I return from maternity leave for the chance of pay progression?

No. You’re entitled to your normal contractual terms and conditions during maternity leave, apart from your “remuneration” (wages).

The appraisal process is part of your normal contractual terms. In addition, under section 18 Equality Act 2010 it’s unlawful to treat a woman unfavourably because she is on maternity leave. Making you wait for consideration of pay progression would be unfavourable treatment.

Your employer should carry out the appraisal in a proportionate way which does not treat you unfavourably, by fairly considering your performance during the part of the year you were at work.

During maternity leave you‘re not entitled to your normal “remuneration” so you wouldn’t receive the pay rise immediately. However, any occupational maternity pay or other benefits linked to salary should be adjusted to reflect the increase.

On return to work you should receive any pay rise straight away.